HomeMy Public PortalAbout2009-029 Resolution Approving Interim Use Permit for Holy Name ChurchMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2009-29
RESOLUTION APPROVING AN INTERIM USE PERMIT
FOR HOLY NAME OF JESUS CHURCH TO CONTINUE USE
OF A RESIDENCE AT 52 COUNTY ROAD 24
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized
and existing under the laws of Minnesota; and
WHEREAS, Holy Name of Jesus Church ("the Applicant") is the owner of property
legally described in Exhibit A attached hereto (the "the Property"); and
WHEREAS, the Applicant has proposed to expand a cemetery use onto the Property,
on which is located an existing single-family home subject to a life estate agreement; and
WHEREAS, City regulations would not permanently allow both a residential use and
a cemetery on a single parcel of land;
WHEREAS, the Applicant has requested approval for an interim use permit to allow
a temporary continuation of the single-family residential use under a life estate; and
WHEREAS, the interim use permit was reviewed by the Planning Commission at its
regular meeting on April 14, 2009 and, following public hearing thereon as required by
law, the Planning Commission recommended approval thereof, subject to certain terms
and conditions; and
WHEREAS, the City Council on May 5, 2009 reviewed the interim use permit for its
conformance with the City's ordinances, considered the recommendations of the
Planning Commission and heard comments from the Applicant and the public; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MEDINA, MINNESOTA, that interim use permit approval be
granted to the Applicant, subject to the following terms and conditions:
1. The interim use permit shall terminate upon the later of the following events,
unless the owner of the Property requests termination at an earlier date.
a. Fifteen years from the effective date of this resolution; or
b. The expiration of the life estate agreement dated February 22, 1995.
2. No future expansion of the cemetery shall be permitted while the residential use is
still on the Property.
Resolution No. 2009-29
May 19, 2009
3. The interim use permit is contingent on completion of the lot combination
approved by the City in resolution 2009-30.
4. Upon termination of this interim use permit, the residential use on the Property
shall cease within 30 days. In the case the use is not ceased, the City may take
action to enforce this interim use permit. If the Applicant fails to reimburse the
City for the full cost of such action, the City has the right to specially assess the
cost thereof to the Property. The assessment shall be levied against the Property
and shall be payable with real estate taxes due on the Property over such term and
at such rate of interest as may be determined by the City. The Applicant waives
their rights to appeal assessments.
5. The Applicant shall pay to the City a fee in the amount sufficient to pay for all
costs associated with the review of this interim use permit application.
Dated: May 19, 2009
T.M. Crosby, Jr., May
Attest:
Z.4
Chad M. Adams, City Administrator - Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Smith and upon vote being taken thereon, the following voted in favor thereof:
Weir, Smith, Crosby
and the following voted against same: (Absent: Johnson and Siitari)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2009-29 2
May 19, 2009
EXHIBIT A
Legal Description
The West 202.00 feet of the East 404.00 feet of the South 431.20 feet of the Southeast Quarter of
the Northeast Quarter of Section 24, Township 118, Range 23, Hermepin County, Minnesota.
Resolution No. 2009-29 3
May 19, 2009